Terms Of Services
1. “Client” means the customer named in Supplier’s proposal or quotation to which these terms are attached.
2. “Goods” means any hardware, including computers, mobile devices, equipment, accessories, together with any computer software sold and supplied by Supplier.
3. “Services” means any consulting, installation, training, trouble-shooting, support or other services supplied by Supplier.
4. “Supplier” means K2019470086 (SOUTH AFRICA) PTY/LTD.
5. All goods and/or services sold and delivered by Supplier to Client are subject to these terms. Client accepts these Terms and Conditions on placing an order with Supplier, including the placing of any future orders.
6. Prices are quoted excluding VAT unless otherwise specified. Outstanding amounts will attract interest at 2% per month.
7. Standard terms of payment are 70% deposit payable on placing the order, with the balance payable 7 days after date of invoice.
8. Any additional goods/services required by Client but not included in Supplier’s original quotation will be quoted for, and will only be delivered once the quote is accepted by Client.
9. Prices may be increased as a result of any increase in transport charges, delivery costs, exchange rates, sales or import costs, or any duties or levies. Supplier will, in such instance, provide a new quote for Client’s approval, together with reasons for the increase.
10. Any support and professional services provided by Supplier is charged at Supplier’s standard hourly rates (the price list will be provided to the Client), with telephonic support calculated in 15 minute intervals, and on-site support at 30 minute intervals.
11. Supplier’s quotations are valid for 30 days. Quoted prices do not include courier costs, or any parking, travel, accommodation and subsistence expenses, incurred by Supplier in the delivery of the goods and/or services. These expenses will be quoted separately and charged to the Client.
12. Delivery dates will be approximate based on the latest information available to Supplier.
13. If Client defaults in the payment of any amount, and remains in default for 20 (twenty) days after receipt of written demand, Supplier may claim specific performance, or terminate this agreement, take possession of the goods, and claim damages.
14. Client will test and approve the goods/services within 48 hours following delivery / installation, and notify Supplier in writing of any faults or defects that it may identify.
15. Client may not return or exchange any goods unless agreed to by Supplier. If Supplier accepts the return or exchange of any goods, being unused and in their original packaging, a 5% handling fee will be levied.
16. Client will be liable to Supplier for the current selling price of any goods and accessories loaned to Client (“loan goods”) and not returned within 2 (two) working days of Supplier’s request for their return. Loan goods must be returned undamaged, in good working condition, and in their original packaging. Client will be liable for the costs to repair or replace lost or damaged loan goods.
17. It is Client’s responsibility to determine whether the goods/services are suitable for the intended use. Supplier will not be liable if the goods/services are in any way incorrect or inapplicable for the intended use, industry or environment.
18. Where use of the goods/services is dependent on a website, app or internet services provided, hosted or maintained by Supplier, Supplier will make all reasonable effort to ensure same are available at all times, but will not be liable for any downtime, faults, or system errors.
19. Although all reasonable effort is made, Supplier does not guarantee that services will be rendered or transmitted error free or without virus, or that the services are secure from unlawful access. Supplier will endeavour to protect Client’s data, but Client remains responsible for ensuring its data is backed up. Where Supplier agrees to back Client’s data up, Client understands that corrupt files may cause the back-up to fail in part or in total, for which Supplier cannot be held liable.
20. Ownership in goods delivered to Client will only pass to Client once paid for in full. Risk in all goods will pass to Client on delivery. Client will not sell, transfer, dispose of or modify any goods, nor will the goods become permanently attached to any property or become subject to any landlord’s hypothec, until the goods have been fully paid for.
21. Goods are covered by a six-month warranty that they meet the specifications in Supplier’s quotation. In addition, goods may be covered by a warranty supplied by the manufacturer of the goods. Applicable warranties are only valid if the goods are not modified, and are used as intended and under normal conditions. Warranties do not cover goods that have been subject to misuse, neglect, accidental damage, unauthorised repair, acts of God, or tampering.
22. Supplier will not supply any installation, maintenance, repairs or training services unless agreed in writing.
23. Any equipment, electrical requirements, cabling (including network cabling) or other infrastructure required for successful delivery and installation, as applicable, will be supplied by Client, at Client’s expense, and will be in place before the scheduled delivery. Supplier will notify Client of any such specifications before delivery.
24. Supplier will not be liable to Client or any other person for any indirect or consequential damages, or any loss of income, profit or special damages of any nature, for whatever reason, and Client indemnifies Supplier against all such damages and claims.
25. If Supplier institutes action against Client to enforce payment, Client agrees to pay all costs on the attorney and client scale.
26. Client nominates as the address at which it will receive notices and communication the Client’s street address as advised by Client from time to time in writing.
27. No indulgence granted by Supplier will waive Supplier’s rights or prevent Supplier from enforcing compliance at any time.
28. This agreement constitutes the whole agreement between the parties. No addition, amendment or cancellation will be of effect unless in writing and signed by both parties.